Judge Melts Hershey Suit Over Rival's 'Swisskiss' Chocolate

Law360, New York (January 23, 2013, 3:42 PM EST) -- A New Jersey federal judge ruled Friday that Promotion In Motion Inc.'s Swisskiss chocolates did not infringe a trademark on The Hershey Co.'s Kisses candies, and canceled PIM's “Swisskiss” mark after finding it was not adequately used in the market.

U.S. District Judge Susan D. Wigenton said Hershey had not done enough to show that the “Swisskiss” mark would cause confusion or dilute the trademark on Hershey's famous chocolate Kisses. But the judge further ruled that PIM — which produces confectionary products under brand names licensed...